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2008 DIGILAW 2002 (MAD)

P. Kolandaiappan v. Director of School Education, Madras & Others

2008-06-25

M.JAICHANDREN

body2008
Judgment :- The writ petition has been filed praying that this Court may be pleased to call for the records in Na.Ka.No.472/93, dated 210. 1993, passed by the 3rd respondent and set aside the same and direct the respondents to fix the scale of pay of the applicant at Rs.1640/- as per Rule 4(3) of the Tamil Nadu Revised Scale of Pay Rules. 2. The petitioner has stated that he had joined as a Drawing Master in the Government High School, Theerthamalai, Dharmapuri District, on 67. He was promoted as a Tamil Pandit, on 29. 80, on acquiring the necessary qualifications. The petitioner had reached Selection Grade in Secondary Grade in the year 1977. Since, the recommendation of the Vth Pay Commission had come into effect from 6. 88, his scale of pay was revised as per the said recommendations. Following the recommendations, the revised scale of pay Rules 1989 were introduced and the petitioners scale of pay was re-fixed in accordance with the rules. However, audit objections had been raised with regard to the re-fixation of pay scale and by the impugned order, dated 210. 1993, the petitioner was directed to re-pay the amounts paid to him in 46 installments. In such circumstances, the petitioner had filed the original application in O.A.No.7300 of 1995 before the Tamil Nadu Administrative Tribunal, which has been transferred to this Court and re-numbered as W.P.No.27553 of 2006. 3. At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the second respondent had placed before this Court, a communication, dated 23.06.2008, from the Office of the Accountant General (Accounts & Entitlements) Tamilnadu, which is as follows: "The Petitioners Shir. P. Kolandaiappan and Sri. M. Chakravarthy while serving as Tamil Pandits under the Third Respondent have challenged Accountant Generals (Audit) I objection, dated 29. 93. Sri. P. Kolandaiappan had retired on 38. 1999 and Sri. M. Chakravarthy retired on 310. 1999. On receipt of the pension proposals, this office had finalized the pension cases as per the Tamil Nadu Pension Rules, 1978, and the pensionary benefits with reference to last pay drawn of Rs.7900/-as proposed by the Third Respondent have been authorized in February 2000. Sri. P. Kolandaiappan had retired on 38. 1999 and Sri. M. Chakravarthy retired on 310. 1999. On receipt of the pension proposals, this office had finalized the pension cases as per the Tamil Nadu Pension Rules, 1978, and the pensionary benefits with reference to last pay drawn of Rs.7900/-as proposed by the Third Respondent have been authorized in February 2000. It is to be stated that while finalizing the pension cases the impugned audit objections were not taken into account as the same were with reference to the clarifications prevailing in the year 1993-94. On scrutiny of the pension cases of the petitioners, it is seen that the petitioners can have no grievance in respect of pensionary benefits authorized by this Respondent. If at all they have any grievance in respect of the benefits authorized by this office, they can very well give a representation to the respondent for further necessary action." 4. The learned counsel appearing on behalf of the petitioner had submitted that in view of the communication issued by the Office of the Accountant General (Accounts & Entitlements) Tamilnadu, no further orders are required to be passed in the writ petition. Hence, the writ petition stands dismissed as no further orders are required to be passed. No costs.